Your next few months constructing your new home could prove to be a time consuming and daunting task. You must recognize that it is difficult, if not impossible to have everything go smoothly. When buying a home while it is under construction you must have some key notes available. First, the contract of purchase and sale must be clear and very detailed to outline your expectations. It must describe the specifics including the details of the labor and materials used to satisfy your buying agreement. These stand from of construction contracts are available and these forms of agreement are designed to provide an enforceable agreement between the seller (builder) and the buyer.
If your developer asks for a deposit (which he will) make sure that it will be deposited into a trust account. If the agreement should default, the deposit should always be returned back to yourself. If the developer wishes to hold your deposit as a stake holder, the return of your deposit may be more difficult. In addition to the standard contract of purchase and sale, you should include a specifications sheet and the plans for the house. Building contracts are long, complex documents. Both parties (builder/seller and buyer) should obtain legal advice prior to entering into a building contract.
Do the walk though! Insist that prior to possession date, both parties conduct a walk-through of the property prior to possession date. Make sure that all the work is completed and agreed upon. At this time, both the seller and the buyer should sign and date the list. Copies should be given to both parties, realtor’s and lawyers involved. The crown has developed a program in 1998 called the Home Owners Protection Office. Essentially it is designed to protect the quality of construction in a new home development. This office licenses residential builders and building envelope renovators, monitor’s the provisions of mandatory third-party home warranty insurance and researches/educates the residential construction industry and consumers.
If you are the owner of a leaky home, the HPO will administer no-interest repair loan programs and PST relief grants for owners. They’re set up to ensure that no one has to lose their home due to the cost of repairing a leaky home. The reconstruction loan program provides no interest loans to homeowners and housing co-op’s who are unable to pay for the cost of repairs.
Your warranty includes a minimum of two years on labor and materials. Five years on the building envelope which includes water penetration. And ten years on the structure. In order to minimize confusion about warranties, the HPO created this 2, 5, 10 year home warranty insurance logo. It’s now used in the marketing campaigns of your local realtors and builders in the Residential real estate market of British Columbia homes. This should take place when you first occupy the home. You could always find more information on this topic by visiting www.hop.bc.ca
Finally make sure that your realtor inserts a clause clearly stating that the occupancy certificate must be obtained on or before completion date. However, landscaping and other outside work can still be in the process of completion. Your occupancy permit merely allows you to move into your new home! We hope this article helped you think of some things that you might not normally know. Please do not rely on this article as a guide or legal advice as you should always consult your lawyer or local realtor for advice, they are the expert.
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